* A G E N D A *

 

January 25, 2006

 

7:30 P.M.

 

Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.

 

1.         Meeting Called to Order and Roll Call

 

2.         Statement of Compliance with Sunshine Law

 

3.         Moment of Silence and Salute to the Flag

 

4.         Mayor Awards: Length of Service Award

 

5.         Approval of Minutes, November 9, 2005 and November 21, 2005

 

6.         Committee Reports

 

7.         Correspondence

 

8.         Open Public Portion/Limited to Agenda Items Only

                        Limited to Five (5) Minutes per citizen to be determined at Borough

                        Council's discretion.  Any and all situations regarding Borough

                        Personnel, when names are implied or mentioned, are to be brought

                        to the full attention of the Council through an appointment and

                        subsequent disclosure through the Personnel Committee.

 

9.         Old Business:

 

A.    Ordinance No. 2006-01   - Public Hearing & Adoption

Ordinance Amending and Supplementing Chapter 2.112,

Street and Sidewalks of the Borough Code Book

 

10.       New Business:

 

Sale of Water Tank BAN, January 19, 2006 – Laurie Finger

           

B.     Resolution No. 2006-041

Authorizing Signing of Professional Contracts

 

C.     Resolution No. 2006-042

Appointment of Tax Assessor – Sharon Hartman

 

D.    Resolution No. 2006-043

Authorizing Payment of Borough Bills

 

11.       Tax Collector’s Report – December 2005

 

12.       Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough

Council's discretion.  Any and all situations regarding Borough

Personnel, when names are implied or mentioned, are to be brought

to the full attention of the Council through an appointment and

subsequent disclosure through the Personnel Committee.

 

13.       Executive Session

 

14.       Adjournment

 

 

Mayor Reynolds called the meeting to order at 7:30 p.m.

 

Roll Call:  Present:      C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Absent:      None

 

Also present were Julie Martin, Municipal Clerk, Christine Robbins, Administration Clerk, and Tom Bace filling in for John O. Bennett, Borough Attorney.

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and Home News and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

 

There was a moment of silence and salute to the flag.

 

Mayor Awards – Length of Service Award

 

Mayor Reynolds along with C/Simon present a length of service award to Peter Cooke, Jr., Englishtown Police Department for 5 yrs. of dedicated service to the Borough.

 

Approval of Minutes

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of November 9, 2005 and November 21, 2005 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

 

Roll Call:         Ayes:   C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr

                      Nayes:   None

                    Abstain:   C/Robilotti

                     Absent:   None  

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states nothing at this time.

 

C/Robilotti states the first recreation meeting for 2006 will be this Saturday, 10:a.m. at Borough Hall.

 

C/Soden states the Clerk has something from my committee that she will be reading into record.

 

C/Carr states out of ten food handlers’ licenses, 6 have been applied for and 4 have been sent reminder notices.  The six have been paid for and approved.  There will be an Economic Development Committee meeting this Saturday at noon directly following the Recreation Committee meeting.  I have spoken to the Mayor about investigating the legality of holding a workshop meeting and I wanted to know the outcome.

 

Mayor Reynolds responded I have looked at the regulations and you would still have to give the public a public portion for questions or comments on anything discussed at a workshop meeting.

 

C/Carr stated then all the surrounding communities are doing it illegally for at least the last ten years.

 

Julie Martin, Municipal Clerk stated I have phoned around to a couple of towns that do hold workshop meetings and they advised me that absolutely they do have public portions. 

 

C/Carr asks can I investigate the towns that I know are not giving an open public portion?

 

Julie Martin, Municipal Clerk stated just so you know I spoke with Terry, the Deputy Clerk from Freehold Township and the Municipal Clerk of Freehold Borough, Linda Cottrell.

 

C/Carr states I’ve been to Freehold Boroughs’ meetings and they do not open it up to the public.

 

Mayor Reynolds states then they are in violation of statute. 

 

C/Carr states I still think a workshop meeting is still a good idea for this council.

C/Simon states the police activity report from 1/9 – 1/22 there were 410 calls and 146 motor vehicle stops.  Year to date the Court has grossed $10,655.51.  Sergeant Settele is back on duty

 

Correspondence

 

Julie Martin, Municipal Clerk reads into record a letter of resignation from Lynn Tillman, Deputy Clerk effective March 8, 2006.

 

Julie Martin reads into record a letter of resignation from John Bennett, Borough Attorney effective simultaneously with the Borough’s ability to hire replacement council.

 

Julie Martin states we received correspondence from the Monmouth County Department of Human Services – Office of Aging requesting a delegate and alternate appointed from our municipality by the Mayor.  At the present time there is no one on the council representing Englishtown. 

 

The Budget Workshop has been set for February 4th at 8:30 a.m. 

 

At the last meeting, Mr. Bosies had asked for an update on the landlord registration program.  As of January 14th 37 had registered and approximately 50 are outstanding.

 

Public Portion – Agenda Items

 

Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.

 

Kevin Bosies, Main Street asks on page 14 of the bill list what is $12,000.00 for personal expenses – finance dept.?

 

C/Soden responds that is a final settlement fee for the old CFO.

 

C/Carr states the total settlement was $30,000.00.

 

Kevin Bosies asks under New Business what is the Sale of the Water Tank BAN?

 

Discussion regarding Sale of the Water Tank BAN takes place with Laurie Finger, Borough Administrator/CFO, and Mr. Bosies

 

There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon.  Passed unanimously.

 

 

 

 

 

Old Business

 

ORDINANCE NO. 2006-01                                     Public Hearing & Adoption

 

An Ordinance Amending and Supplementing Chapter 2.112,

Street and Sidewalks of the Borough Code Book

 

            BE IT ORDAINED by the Governing Body of the Borough of Englishtown that the following sections be amended and supplemented as follows:

 

CHAPTER 2.112 – SECTION 2.112.31 SNOW AND ICE REMOVAL

 

SECTION 2.112.31.1 – CASTING OF SNOW AND ICE:

 

No owner, tenant or occupant of any premises abutting any street, nor any person working for or on behalf of any owner, tenant, or occupant, shall throw, place or deposit any snow or ice upon the public street in front of their property. The intent of this section is to prohibit all persons from throwing, placing or depositing snow or ice from the private driveway, parking area or on the sidewalk in front of the property upon the Municipal street or sidewalks of the Borough.

 

            This Ordinance shall take effect upon its passage and publication according to law.

 

Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

There being no further questions or comments from the public, a motion to close the public portion was offered by C/Simon and seconded by C/Soden.  Passed unanimously.

 

Adoption

 

A motion to adopt Ordinance No. 2006-01, above titled, was offered by C/Rucker and seconded by C/Palmieri.  Passed on the following roll call:

 

Offered by:                 C/Rucker        

 

Seconded by:              C/Palmieri

 

Roll Call: Ayes:           C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                Nays:           None

            Abstain:           None

             Absent:           None

New Business

 

Sale of Water Tank BAN, January 19, 2006

 

Mayor Reynolds opens the floor to Laurie Finger, Borough Administrator/CFO for discussion regarding the Sale of the Water Tank BAN. 

 

Borough of Englishtown

Resolution No. 2006-41

 

Authorizing Signing Professional Contracts

                           

Whereas, professional contracts have been submitted to the Borough of Englishtown Council;

 

Whereas, the members of Council now approve the following contracts.

 

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey, hereby authorizes the Mayor and Borough Clerk to execute the contracts for professional services for:

 

             Bond Counsel         Dilworth Paxson

             Prosecutor              Richard Kelly

             Auditor                  Eugene M. Farrell

             Engineer                 Thomas J. Herits

 

Offered By:                C/Soden

           

Seconded By:             C/Simon

           

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Robilotti

                 Nays:          C/Carr

               Absent:         None

              Abstain:         None

                                                                       

                                                                         

Borough of Englishtown

Resolution No. 2006-42

 

Appointment of Tax Assessor

 

            Whereas, there is a need to appoint a Borough Of Englishtown Tax Assessor; and

 

            Whereas, it is the recommendation of the Finance, Personnel and Administration Committee that Sharon Hartman of Freehold, NJ be appointed to said position.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown as follows:

 

1.      Sharon Hartman is hereby appointed Tax Assessor of the Borough of Englishtown.

 

2.      That said appointment is pursuant to N.J.S.A. 40A:9-148 and commences

February 1, 2006 through June 30, 2006.

 

3.      Said employee shall be paid an annual salary of Eight Thousand Dollars

($8,000.00) for the Year 2006 in accordance with the Borough Salary Ordinance, payable bi-weekly.

 

            4.    Said appointment is part-time with a minimum of two hours of office time

                   to coincide with those hours kept by the Borough Tax Collector.  During  

                   this time Tax Assessor is also to be available for the public.

 

5.      That a certified true copy of this resolution will be supplied to Sharon Hartman and the Borough Chief Financial Officer.

 

Offered By:                C/Soden                     

           

Seconded By:             C/Simon

 

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:         None

               Absent:         None

              Abstain:         None

 

Borough of Englishtown

Resolution No. 2006-043

 

Resolution of the Borough of Englishtown,

County of Monmouth, State of New Jersey

Authorizing the Payment of Borough Bills

 

            Whereas, the Mayor and Council have carefully examined all vouchers presented to the Borough for the payment of claims; and

 

            Whereas, after due consideration of the said vouchers, the Mayor and Council have approved payment of same.

 

            Now, therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, as follows:

 

            1.   The said approved vouchers amounting to the sum of $977,754.43 be and

                   the same are hereby authorized to be paid on January 25, 2006.

 

2.        The Borough Clerk be and is hereby directed to list on the page in the

Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered by:                 C/Simon

 

Seconded by:              C/Robilotti

 

Roll Call:   Ayes:         C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                   Nays:        None

               Abstain:        None

                Absent:        None

 

 

Borough of Englishtown

Resolution No. 2006-044

 

Resolution Accepting the Resignation of Lynn Tillman

Deputy Municipal Clerk/Deputy Registrar of the Borough of Englishtown

 

            Whereas, Lynn Tillman served as Deputy Municipal Clerk/Deputy Registrar in the Borough of Englishtown; and

 

            Whereas, Lynn Tillman did tender her resignation to the Englishtown Borough Council from that position and from all employment with the Borough of Englishtown, her last day of employment being March 8, 2006.

                       

            Now, Therefore, Be It Resolved that:

 

1.      The resignation of Lynn Tillman is accepted, with regret, by the Englishtown Borough Council.

           

2.      That a certified copy of this Resolution be delivered to the Chief Financial

Officer.

 

Offered By:                C/Soden

 

Seconded By:             C/Simon

 

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:         None

               Absent:         None

              Abstain:         None

 

Borough of Englishtown

Resolution No. 2006-045

 

Resolution Accepting the Resignation of John O. Bennett III

Attorney for the Borough of Englishtown

 

            Whereas, John O. Bennett III served as Attorney in the Borough of Englishtown; and

 

            Whereas,  John O. Bennett III did tender his resignation to the Englishtown Borough Council from that position with the Borough of Englishtown effective the date of hire of replacement counsel.

                       

            Now, Therefore, Be It Resolved that:

 

3.      The resignation of John O. Bennett III is accepted by the Englishtown Borough Council.

           

4.      That a certified copy of this Resolution be delivered to the Chief Financial

Officer.

 

Offered By:                C/Soden

 

Seconded By:             C/Simon

 

Roll Call:  Ayes:          C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti

                  Nays:         None

               Absent:         None

              Abstain:         None

 

Tax Collector’s Report

 

Month of December 2005

 

                                    Current Taxes 2005                 58,238.63

                                    Prepaid Taxes 2006                 13,065.70

                                    Interest & Cost on Taxes          3,681.28

 

                                    Total Cash Receipt                  74,985.61

 

Public Portion

 

Mayor Reynolds opened the floor to the public for discussion on anything they wish to bring to the attention to the governing body.

 

Janet Leonardis, Weamaconk, Drive states I was surprised to read about Hair Systems in the paper and hear how many violations they have had in the past.  I know we have a Code Enforcement Office and Fire Officials so if you don’t have the answer please have it for me for the next meeting, could you tell me what has been done to try and keep control over them and what can be done by the Borough in the future in a greater degree to try and prevent some of that?  The other issue I have is has anyone been over to the Antique Store recently?  I walked in there and that place is a firetrap.  Things are piled to the ceiling and you can hardly walk.  I am hard pressed to believe anyone is checking on it. 

 

Mayor Reynolds responds I will contact Ed Miller, Code Officer and have him write up a report regarding Hair Systems.  Secondly I will have him go out Saturday morning and inspect the Antique Store.

 

Kevin Bosies, Main Street asks if there is still a tax appeal ongoing with Liberty Manor.

 

Mayor Reynolds responds yes.

 

Kevin Bosies asks is Mr. Bennett going to stay on through that because I know sometimes when you hire new council in the middle of it, it can get really expensive.

 

Tom Bace, Attorney responds until we are told otherwise we are handling it.  I believe they scheduled the trial for May 26th.

 

Discussion between Mayor Reynolds, Tom Bace and Kevin Bosies continues regarding the Liberty Manor Tax Appeal.

 

There being no further questions or comments, a motion to close the public portion was offered by C/Rucker and seconded by C/Simon.  Passed unanimously.

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel and negotiations; and

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:         C/Simon

 

Seconded By:       C/Palmieri

 

Roll Call:   Ayes: C/Soden, C/Rucker, C/Simon, C/Palmieri, C/Carr, C/Robilotti    

                   Nays:  None

                Absent:  None

               Abstain:  None

 

The time being 7:58 P.M.

 

There being no further business in Executive Session, a motion to return to open session was offered by C/Robilotti and seconded by C/Simon.   Passed unanimously.

 

The time being 8:22 P.M.

 

Discussion takes place between Julie Martin, Municipal Clerk and Mayor & Council regarding Mommy & Me classes that take place on Tuesday mornings at Borough Hall.  Julie Martin and C/Soden state that without written notice to us additional classes were added on and the meeting room carpet has become very stained.  There is a fee for the class payable to the Monmouth County Parks Dept. however the Borough doesn’t receive any money.  Julie Martin stated we even asked them for a donation for the Rec. Dept for the Fall Festival and there was no response.  C/Soden states, it has become very disruptive to have them in the building.

 

Mayor Reynolds states to send them a certified letter stating that effective March 9th the room is no longer available. 

 

Consensus is taken from council and all are in favor.

 

Adjournment

 

There being no further business a motion to adjourn was offered by C/Soden, seconded by C/Rucker. Passed unanimously.

 

The time being 8:35 P.M.

 

 

 

____April 12, 2006_________                                          ________________________

Approved by Governing Body                                          Clerk